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HomeMy WebLinkAbout06/07/2022 PACKETMEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, DUNE 7, 2022 5:30 PM KITE- l�i.17:1 CALL TO ORDER * Invocation Pledge Roll Call * Proclamations, Presentations and Recognitions * Public Comment: Persons may speak on the Consent Agenda and Items 1-4 * Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion, A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the May 24, 2022 City Council Meeting Minutes B. Authorize the Interim City Manager to execute an Interlocal Agreement with the South East Texas Regional Radio System agencies C. Authorize the Interim City Manager to apply for and receive grant fiends ftom the Foundation for Southeast Texas, HEB, and Entergy, for the Annual Summer Reading Program REGULAR AGENDA 1. Consider a resolution accepting maintenance of the street, sewer, and water improvements in Champions Subdivision Phase II 2. Consider approving the renewal of an annual maintenance agreement with SirsiDynix of Lehi, UT for use in the Libraries 3. Consider approving the annual renewal of a Managed Detection and Response service from Arctic Wolf Networks, Inc. of Eden Prairie, MN 4. Consider approving the renewal of an annual support agreement with Creative Switching Designs, Inc. for the City's phone system COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Requested arbitration by Firefighter Local 399 on behalf of civilian employee, Rashell Rodgers GADV, Inc, d/b/a L&L General Contractors vs. The City of Beaumont; Cause No. A-0207973 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 0 TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: June 7, 2022 REQUESTED ACTION: Council consider approval of the May 24, 2022 City Council Meeting Minutes, r T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy Feldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward II Audwin Samuel, Mayor Pro Tom MAY 24, 2022 Chris Durlo, Ward IV Tina Broussard, City Clerk Chris Boone, Interim City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on May 24, 2022, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to considerthe following: OPENING * Invocation Pledge of Allegiance Roll Call * Proclamations, Presentation and Recognition - Presentation by Chad Seidel, PhD, P.E. of Corona Environmental Consulting on the findings of the Water System Assessment Study of Discolored Water Events Public Comment: Persons may speak on the Consent Agenda and Agenda items 4-6 Mayor Mouton called the council meeting to order at 1:30 p.m. Reverend Houston Redeaux, Associate Pastor with The Apostolic Church: gave the invocation. Javan Prejean, President of the Student Council at M.L. King Middle School led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Mayor Pro Tern Samuel, Councilmembers Durio, Getz, Turner, Feldschau and Neild. Also, present were Chris Boone, Interim City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions Recognition — Student Council of M.L. King Middle School and their Teachers, one of which is the Teacher of the year, Chaz Hall, they were present to observe the City Council Meeting. "Leadership Beaumont" - June 2, 2022 - Proclamation read by Mayor Pro Tern Samuel; accepted by Krista Hunter, Executive Director of the Beaumont Chamber Foundation, and others "Memorial Day" - May 30, 2022 - Proclamation read by Councilmember Durio; accepted by Barbara Otto, Chairperson of the Memorial Day Committee, and others Public Comment: Persons may speak on the Consent Agenda and Agenda Items 4-6 None Minutes — May 24, 2022 CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action,) A. Approval of the May 17, 2022, City Council Meeting Minutes B. Confirmation of board and commission member appointments - Resolution 22- 131 Dohn H, LaBiche would be appointed as Chairman to the Historic Landmark Commission. The term would commence May 24, 2022 and expire May 23, 2023. (Mayor Robin Mouton) C. Authorize the Interim City Manager to apply for and accept an American Rescue Plan Act Program (ARPA)-Texas Department of Transportation (TxDOT)-Aviation Division Grant - Resolution 22-132 D. Authorize the Interim City Manager to apply for and accept an Airports Coronavirus Response Grant Program (ACRGP) under provisions of the Coronavirus Response and Relief Supplemental Appropriations (CRRSA) Act from the Texas Department of Transportation (TxDOT) Aviation Division - Resolution 22-133 E. Authorize the Interim City Manager to execute Change Order No. 1 to the contract with Irwin Seating Company for the Civic Center Seating Replacement located at 701 Main Street - Resolution 22-134 F. Authorize the Interim City Manager to execute an Interlocal Agreement with the South East Texas Regional Planning Commission for regional emergency notification registration - Resolution 22-135 G. Authorize the Interim City Manager to execute Change Order No. 3, accept maintenance, and authorize final payment to Brystar Contracting, Inc., for the Lift Station & WWTP Repair Tropical Storm Harvey WWTP Influent Lift Station (REBID) Project - Resolution 22-136 Councilmember Neild moved to approve the Consent Agenda. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Minutes —May 24, 2022 AGENDA Consider a request to rezone a property from PUD (Planned Unit Development) to LI (Light Industrial) for the property located south of Cardinal Drive and west of the City sewage treatment plant. Gerald W. Farha on behalf of B & L International L.L.C. is requesting a zone change for 40 acres of land located south of Cardinal Drive and west of the City Sewage treatment plant. Mr. Farha would like to rezone the property from PUD (Planned Unit Development) to Ll (Light Industrial) District. B & L International, L.L.C. has plans for an industrial development at this location, and currently owns 180 acres of land in the area. All of the surrounding land is already zoned LI (Light Industrial) and is vacant. At a Joint Public Hearing held on May 16, 2022, the Planning Commission recommended 7:0 to approve the request to rezone a property from PUD (Planned Unit Development) to Ll (Light Industrial) for the property located south of Cardinal Drive and west of the City sewage treatment plant. Approval of the ordinance. Councilmember Durio moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED PUD (PLANNED UNIT DEVELOPMENT) DISTRICT TO LI (LIGHT INDUSTRIAL) DISTRICT FOR PROPERTY LOCATED SOUTH OF CARDINAL DRIVE AND WEST OF THE CITY SEWAGE TREATMENT PLANT, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-029 2. Consider a request for a Specific Use Permit to allow a home daycare in an RS (Residential Single -Family) District for the property located at 1225 Glendale Street. Mary Delaney is requesting a Specific Use Permit to allow a home daycare at 1225 Glendale Street. She plans to keep up to twelve (12) children ranging from six (6) weeks old up to thirteen (13) years old. The house where Mrs. Delaney wishes to operate her licensed childcare home is the parsonage located behind the Gospel Tabernacle. Due to the location behind the church, parking is not an issue. Hours of operation will be from 7:30 a.m.to 5:30 p.m., Monday through Friday. At a Joint Public Hearing held on May 16, 2022, the Planning Commission recommended 7:0 to approve the request for a Specific Use to allow a home daycare in an RS (Residential Minutes -- May 24, 2022 Single -Family) District for the property located at 1225 Glendale Street with the following condition: 1. Must meet all requirements by Water Utilities for any water and sanitarysewer improvements, including any requirements of the City's backflow and/or pre- treatment programs. Approval of the ordinance with the following condition: Must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre- treatment programs. Councllmember Getz moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HOME DAYCARE IN A IRS (RESIDENTIAL SINGLE-FAMILY) DISTRICT AT 1225 GLENDALE STREET, WITH THE CONDITION, IN BEAUMONT, JEFFERSON COUNTY, TEXAS. Councllmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-030 3. Consider a request for a Specific Use Permit to allow an automotive paint and body shop in the GC -MD (General Commercial -- Multiple -Family Dwelling) District for the property located at 4145 College Street. Brandon M. Edmonds is requesting a Specific Use Permit to allow an automotive paint and body shop at 4145 College Street. Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 a.m. to 5:30 p.m. The facility is expected to staff 10-15 employees. Neighboring businesses are mostly similar in nature. The nursing facility to the south will be screened and buffered per City regulations. At a Joint Public Hearing held on May 16, 2022, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow an automotive paint and body shop in the GC -MD (General Commercial -Multiple -Family Dwelling) District for the property located at 4145 College Street with the following conditions: 1. Constructions plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. Install a five (5) foot wide sidewalk along College Street. Approval of the ordinance with the following conditions: Minutes — May 24, 2022 Constructions plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. Install a five (5) foot wide sidewalk along College Street. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN AUTOMOTIVE PAINT AND BODY SHOP IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 4145 COLLEGE STREET, WITH THE CONDITIONS, IN BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Durio seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Ordinance 22-031 4. Consider a request for an abandonment of a portion of Park Street, between Milam and Gilbert: Streets. Transit is requesting the abandonment of a portion of Park Street, between Milam and Gilbert Streets. This portion of Park Street is adjacent to the current City Bus parking lot. As a result of scheduled vehicle replacements, the fleet of busses has outgrown the available parking area. Due to existing water and sanitary sewer lines in this portion of Park Street, a utility easement will need to be maintained in the right-of-way. No permanent structures shall be built within the utility easement. In addition, fire hydrant access will need to be accessible for maintenance. At a Joint Public Hearing held on May 16, 2022, the Planning Commission recommended 6:0 to approve the request for an abandonment of a portion of Park Street, between Milam and Gilbert Streets. Approval of the ordinance. Councilmember Turner moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ABANDONING A 0.25 ACRE PORTION OF PARK STREET (CALLED SABINE STREET PER PLAT) (BASED ON A WIDTH OF 61.11 FEET) LYING BETWEEN BLOCK 46 AND 54 OF THE ORIGINAL TOWNSITE OF BEAUMONT, TEXAS A SUBDIVISION OF THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 448, PAGE 249, DEED RECORDS JEFFERSON COUNTY, TEXAS. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE Minutes — May 24, 2022 MOTION PASSED Ordinance 22-032 5. Consider an ordinance amending the FY 2022 Budget. In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget and that interfund transfers are in accordance with financial policies as approved within the budget document. The details of the proposed amendments are as follows: 1. In 2020 and 2021, monies for commercial motor vehicle citations were inadvertently put into the General Fund and not the DOT Fund. We need to amend the budget to transfer this money out of the general fund and make a cash transfer from the General Fund to the DOT Fund for $16,600.00 so that the DOT Fund will be correct in case of a state audit. General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $139,895,900 $16,600 $139,912,500 Texas Motor Carrier Violations Fund Original Budget Proposed Amendment Amended Budget Total Revenues $5,200 $16,600 $21,800 2. The Tyrrell Park Nature Center is in need of furniture and fixtures to complete it for public use. We would life to propose a $350,000 amendment to the Hotel Fund for these funds as follows. Hotel Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $3,859,300 $350,000 $4,209,300 Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE, AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR FISCAL YEAR 2022 TO APPROPRIATE ADDITIONAL REVENUES IN THE GENERAL FUND, TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE DOT FUND, AS IN ADDITION TO THE HOTEL FUND. Mayor Pro Tem Samuel seconded the motion. AYES, MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD Minutes — May 24, 2022 NAYS; NONE MOTION PASSED Ordinance 22-033 6. Consider authorizing the Interim City Manager to award a contract to Texas Drainage, Inc., of Waller for the first phase of the FY 2022 City Wide Ditching Program. The FY22 City Wide Ditching Program consists of the excavation and removal of excess material of approximately 176,444 linear feet of existing roadside ditches. The program also provides for the resetting/repair of 75 driveway culverts. The work for this phase is to take place in the designated areas of Wards 2 and 3. On May 12, 2022, two (2) bids were received for furnishing all labor, materials, and equipment for the project. The Engineer's Estimate is $1,000,000,00, The bid totals are indicated in the table below: Contractor Location Base Bid Amount Texas Drainage, Inc. Waller, TX $ 945,290.02 T Construction, LLC Houston, TX $1,999,902,50 The Public Works Engineering staff recommends this project be awarded to the lowest bidder, Texas Drainage, Inc., in the amount of $945,290,02. A total Of 200 calendar days are allocated for completion of the project. Funds will come from the Capital Program. Approval of the resolution. COuncilmember Getz moved to APPROVE A RESOLUTION THAT THE CITY COUNCIL HEREBY APPROVES THE AWARD OF A CONTRACT TO, TEXAS DRAINAGE, INC., OF WALLER, TEXAS IN THE AMOUNT OF $9457290.02, FOR THE FY2022 WIDE DITCHING PROGRAM; AND WHAT THE INTERIM CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH, TEXAS DRAINAGE, INC., OF WALLER, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-137 PUBLIC HEARING * Receive comments regarding the mandatory payment rate related to the Local Provider Participation Fund for FY 2022 Public Hearing Open: 2:51 p.m. Minutes — May 24, 2022 k C•r,V� Public Hearing Close: 2:51 p.m. 7. Consider setting the mandatory payment rate related to the Local Provider Participation Fund for FY 2022. On June 9, 2015, the City Council authorized the City's participation in a municipal health care provider participation program to support the payment of Medicaid supplemental hospital payments to Safety -Net Hospitals in the City. At the same time, the City Council authorized the execution of indigent care affiliation agreements with Baptist Hospitals of Southeast Texas and Christus Hospital. In addition, on July 28, 2015, the City Council approved model rules and procedures related to the City of Beaumont's facilitation of the program. The City of Beaumont is required to set the amount of the mandatory payments required to be paid by the hospitals. The mandatory payment must be uniformly proportionate with the amount of net patient revenue generated by each paying hospital in the municipality. The mandatory rate for the fiscal year ending 2022 will be 6.00%. Funds will come from Local Safety -Net Hospitals and make mandatory payments into the Beaumont Municipal Health Care Provider Participation Fund. Council to conduct a public hearing and approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION SETTING THE MANDATORY PAYMENT RATE FOR THE FISCAL YEAR 2022 FOR THE LOCAL PROVIDER PARTICIPATION FUND 1N THE MUNICIPAL HEALTH CARE PROVIDER PARTICIPATION PROGRAM. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FELDSCHAU AND NEILD NAYS: NONE MOTION PASSED Resolution 22-138 PUBLIC HEARING Receive comments on a determination of the Public Health Director that public health nuisances exist on the properties owned by Kevin Don Covel at 7050 Donna Lane, David Wayne Pinner at 3060 Charles St. and Gerard Montie, estate of Brian David Henry at 10295 Old Voth Road Public Hearing Open: 3:04 p.m. David Pinner 3060 Pinner Beaumont TX Requested additional time to clean his property Public Hearing Close: 3:10 p.m. Minutes — May 24, 2022 8. Consider a resolution finding and ratifying the determination of the Public Health Director that public health nuisances exist on the properties owned by Kevin Don Covel at 7050 Donna Lane, David Wayne Pinner at 3060 Charles St., and Gerard Montie, estate of Brian David Henry at 10295 Old Voth Road. According to the City of Beaumont's Code of Ordinances, Chapter 10 Health and Sanitation, Sec10.01.001, a nuisance is defined as whatever is dangerous to human life or whatever renders the ground, the water, the air or food a hazard or injury to human health is hereby declared to be a nuisance. The City's Code of Ordinances further state in Chapter 12 Offenses & Nuisances Section 12.07.033 that a person who owns or occupies property commits an offense if that person allows litter to accumulate on that person's property. The legal description and violations of these properties are: 7050 Donna Lane, Woodland AC L3 B 8 Weeds Chapter 10 Health & Sanitation, Article 10.06, Section 10.06.001 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04; Section 10.04.001 & Section 10.04.003 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 3060 Charles St, PL D 27 TR-26B H WILLIAMS JR Weeds Chapter 10 Health & Sanitation, Article 10.06, Section 10.06.001 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04; Section 10.04.001 & Section 10.04.003 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 10295 Old Voth Rd, TR 70-D PL RS-4.7993AC AB 17 W B DYCHES Weeds Chapter 10 Health & Sanitation, Article 10.06, Section 10.06.001 Rodent Harborage Chapter 10 Health & Sanitation, Article 10.04; Section 10,04,001 & Section 10.04.003 Excessive Litter Chapter 12 Offenses & Nuisances, Article 12.07.002 If the property owners fail to comply within ten (10) days, staff is requesting the authorization City Council to clean the property and/or authorize the City Attorney to seek legal action to have the nuisances abated. Funds will come from the General Fund -Public Health Council to conduct a public hearing and approval of the ordinance. Councilmember Nei Id moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE PINGING CERTAIN PROPERTIES TO BE A PUBLIC HEALTH NUISANCE AND ORDERING ABATEMENT; AUTHORIZING Minutes — May 24, 2022 CLEANUP; AUTHORIZING SUIT; PROVIDING FOR SE;VE,RABILITY AND PROVIDING FOR A PENALTY. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS DURIO, GETZ, TURNER, FEWLDSCHAU AND NE ILD NAYS: NONE MOTION PASSED Ordinance 22-034 Nis] ivili►il:1101111613 Public Comments (Persons are limited to three minutes) Mark Smith 9120 Mockingbird Beaumont TX Thanked Council for their service to the city, made comments concerning the brown water, wanted to know if there was a mechanism that exist to filter the water at the meter before it flows into the home, if it is maybe the city could get a grant for that, also commented on the violence that's taking place in the city, stated that there was a prayer vigil that took place 3 Y2 weeks ago in the North End, since that time there hasn't been one homicide, Mr. Smith stated he visited some residents in Plymouth Village, one of the residents shared a story with him of a 12 year old boy with no shirt on but wore a bullet proof vest and had a big gun in his pocket, if Council and the citizens don't take charge children are going to ruin this city, stated that thus far he's identified thirty (30) to forty (40) preteen children, his organization sees them three times a week, they are mentoring and counseling them, he's working with 18 to 30 year old's twice a week, they are being mentored and counseled as well and he's gotten them into church, announced on Memorial Day he will be hosting a "Stop the Violence" rally, it will be held at Solid Rock Community Church, 5095 Pine Burr from 11:00 a.m., to 5:00 p.m., he will be unveiling a vision to help the city, asked that Council attend the rally, he wants to hear from Council what their concerns are regarding the violence, he's met with some of the mothers and heard their concerns, he's wanting to start a program called MAV, Mother Against the Violence, encouraged Council to work with him to stop the senseless violence that's going on * Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILME=MBER DURIO - WANTED CITIZENS TO KNOW THAT THE CITY HAS A SYSTEM IN PLACE CALLED "311 ", THAT CAN ADDRESS ALL OF THEIR CONCERNS, THEY WILL GET THE CITIZENS IN TOUCH WITH WHOMEVER THEY NEED TO SPEAK WITH AND 1T KEEPS A RECORD OF THEIR CALL, ALSO HAS BEEN NOTICING A LOT OF LITTER, ASKED THAT CITIZENS NOT MESS WITH BEAUMONT WHERE LITTER IS CONCERNED, THIS IS OUR CITY AND WE NEED TO KEEP IT CLEAN, REMINDED EVERYONE THAT TODAY 1S Minutes — May 24, 2022 ELECTION DAY FORTHE RUNOFF AND IF ANYONE HASN'T VOTED ENCOURAGED THEM TO PLEASE DO SO COUNCILMEMBER GETZ - THANKED BEAUMONT CHILDREN'S MUSEUM FOR HOSTING CITY COUNCIL AT AN OPEN HOUSE EARLIER THIS MORNING, COUNCIL HAD AN OPPORTUNITY TO TOUR THEIR FACILITY, STATED THEY WILL BE ROLLING OUT SOME SUMMER TIME PROGRAMS FOR THE KIDS, ENCOURAGED PARENTS TO LOOK INTO ENROLLING THEIR KIDS IN SOME OF THEIR PROGRAMS, ECHOED WHAT COUNCILMEMBER DURIO STATED REGARDING LITTER, THERE'S A COMMERCIAL THAT THE CITY OF BEAUMONT'S STAFF HAS PRODUCED, HAS SEEN IT ON PUBLIC SERVICE ANNOUNCEMENTS THAT TALKS ABOUT NOT LITTERING IN BEAUMONT, HE WOULD LOVE TO SEE THE PUBLIC SERVICE ANNOUNCEMENT MORE, THAT WAY CITIZENS WILL THINK TWICE ABOUT LITTERING COUNCILMEMBER TURNER - COMMENTED ON GRADUATION FOR THE YOUTH FROM GRADE SCHOOL TO GRADUATING COLLEGE AND GOING OFF INTO THE WORLD TO DO GREAT THINGS, CONGRATULATED ALL THE GRADUATES, STATED THAT HE SPOKE AT A 5TH GRADE GRADUATION AT AMELIA ELEMENTARY ON TODAY AND THE KIDS MADE HIM PROUD, ALTHOUGH THERE'S KIDS DOING BAD THINGS THERE'S KIDS THAT'S DOING GREAT THINGS, THANKED MIKE HARRIS AND LYNN FOOTE FOR THEIR QUICK RESPONSE TO ANY PHONE CALLS OR EMAILS THAT ARE SENT TO THEM COUNCILMEMBER FELDSCHAU - NONE MAYOR PRO TEM SAMUEL - THANKED LYNN FOOTE FOR THE JOB SHE DOES AND ALL OF THE CITY EMPLOYEES IN TRYING TO MAKE SURE THEY DO THEIR PART, THANKED MR. WILLIE WILLIAMS AND MR, CHAZ HALL FOR THE JOBS THEY ARE DOING AT MLK MIDDLE SCHOOL, THE YOUNG PEOPLE ARE TRULY SOME OF OUR YOUNG LEADERS AND WE HAVE TO SHOW THEM THE BENEFIT OF DOING THE RIGHT THING COUNCILME.M13ER NEILD - NONE CITY ATTORNEY REED - NONE INTERIM CITY MANAGER BOONE - NONE MAYOR MOUTON - ENCOURAGED EVERYONE TO GET OUT AND VOTE FOR THE RUNOFF ELECTION THAT'S GOING ON, COMMENTED ON THE CHILDREN'S MUSEUM, THEIR SUMMER CAMP WILL BEGIN .TUNE 13, 2022, AND RUN FOR EIGHT WEEKS, IF ANYONE IS INTERESTED IN GETTING YOUR KIDS INTO A FUN, ACTIVE AND EDUCATIONAL CAMP THE CHILDREN'S MUSEUM IS THE PLACE Minutes — May 24, 2022 FOR THEM, THANKED LYNN FOOTE WITH CODE ENFORCEMENT AND KENNETH COLEMAN, PUBLIC HEALTH DIRECTOR FOR ALL THE WORK THAT THEY DO, THANKED ALL VETERANS, ENCOURAGED CITIZENS TO ATTEND THE MEMORIAL DAY PROGRAM ON MONDAY, MAY 30, 2022, WISHED MRS. MELBA ❑UPREE A HAPPY BIRTHDAY, SHE WILL TURNING 101 ON THURSDAY, MAY 26, 2022 Open session of meeting recessed at 3:25 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: GADV, Inc, d/b/a L&L General Contractors vs. The City of Beaumont; Cause No. A-0207973 To discuss and/or deliberate economic development negotiations in accordance with Section 551.087 of the Government Code to wit; specifically: Project Deep Blue Project Mercury * Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit; specifically: Land owned by the City of Beaumont at 701-555 Main, Beaumont, Jefferson County, Texas Robin Mouton, Mayor Tina Broussard, City Clerk Minutes -- May 24, 2022 l TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Tecluiology Services MEETING DATE: June 7, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to execute an Interlocal Agreement with the South East Texas Regional Radio System agencies. BACKGROUND The South East Texas Regional Radio System provides two-way radios for all of Jefferson, Orange and Hardin County Public Safety and Public Works entities. This agreement is intended to replace all existing interlocal agreements, amendments, and understandings that currently exist between the entities as they relate to ownership, management, future updates, future membership, maintenance, management, operation of the hereby named South East Texas Regional Radio System (SETRRS) 800/700 MHz trunked radio system. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to execute an Interlocal Agreement between the City of Beaumont and the Cities of Port Arthur, Port Neches, Groves, Nederland, and Orange; the Counties of Jefferson, Hardin, and Orange; and, the Texas Department of Public Safety relating to the ownership, management, future updates, future membership, maintenance, and operation of the South East Texas Regional Radio System (SETRRS) 800/700 MHz trunked radio system between the local governmental entities participating in the South East Texas Regional Radio System. The Interlocal Agreement is substantially in the form attached hereto as Exhibit " 1 " and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June, 2022. Mayor Robin Mouton - INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz THIS AGREEMENT is made this the day of 2022, by and between Stakeholder Agencies as defined in Article 11 of this agreement, the City of Beaumont, City of fort Arthur, City of Port Neches, City of Groves, City of Nederland, Texas, rmulieipal Corporations of Jefferson County, Jefferson County, Hardin County, the City of Orange, a municipal corporation of Orange County, Texas, Orange County, and the Texas Department of Public Safety, referred to herein as "the Stakeholders," which are authorized to enter into interlocal agreements in accordance with Chapter 791 of the Government Code of the State of Texas. THIS AGREEMENT is intended to replace all existing interlocal agreements, amendments, and understandings that currently exist between the aforementioned entities as they relate to ownership, management, future updates, future membership, maintenance, management, operation of the hereby named South East Texas Regional Radio System (SETRRS) 800/700 MHz trunked radio system, herein referred to as "System." WHEREAS, on October 17, 2000, the City Council of Begumon , Texas authorized the purchase of an 800 MHz trunk radio communication systern, consisting of software, communications equipment infrastructure, mobile and portable units, project management and warranty through the Houston -Galveston Area Council, herein referred to as "HGAC," at a cost of $2,258,674.55; and WHEREAS, on July 28, 2003, tile Commissioner's Court of ,JgJ&1-co1j Uoul, Texas authorized the purchase of a Countywide 800 MHz trunk radio communication system, consisting of software, communications equipment infrastructure, mobile and portable units, project management and warranty, in accordance with State of Texas bidding requirements, at a cost of $3,700,000; and WHEREAS, oil October 18, 2007, the City Council of Port Neches, Texas on behalf of the Consortium, the City of Egil Arthur, City of �T,1lrt�rrl, City of Groves, and the City of ,�( Neches, Texas, municipal corporations of Jefferson County, authorized the purchase of 800 MHz trunked radio COnlillUnications system equipment consisting of software, communications infrastructure, project management and warranty through the Houston -Galveston Area Council at a cost of$5,450,000.00; and WHEREAS, on May 23, 2011, authorized the purchase of a Radio Tower to be located in agrdir�, Texas for an 800 MHz trucked radio communications system equipment consisting of software, communications equipment infrastructure, project management and warranty at a total project cost of $1,645,000.00; and WHEREAS, on November 8, 2011, tite City Council of OU111fle, 'Texas, for an 800 MHz trunked radio communications system equipment consisting of software, communications equipment infrastructure, project management and warranty through tine Houston -Galveston Area Council at a cost of $376,264.00; and Page I of i t EXHIBIT "'I" INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz WHEREAS, ill May 2015 the Texas DgMartment g Public Safe{►, owned 800/700 Mliz trucked radio communications system equipment to put on a Radio Tower in Vidor, Texas consisting of software, communications equipment infrastructure, project management and warranty further identified by the equipment list attached (Exhibit A) and incorporated herein for all purposes; and WHEREAS, oil May 4, 2015, the Commission Court of Orange County, Texas authorized the purchase of a Radio Tower to be located in Vidor, Texas for an 800 MHz trunk radio communication system, consisting of software, communications equipment infrastr€►cture, mobile and portable units, project management and warranty at a total project cost of $1,422,376.00; and WHEREAS, the Stakeholders have determined that a unified and integrated radio communication system for the three -county area would improve the ability of public safety and public service agencies to communicate and cooperate with each other, and allow direct access to and exchange of data, thereby promoting public health, safety, and welfare; and WHEREAS, the Stakeholders acknowledge that this Agreement is needed to outline the specific and unique arrangements which exist for the ownership, management, maintenance, purchasing of additional equipment and operation of a combined 800/700 MHz trunked radio system using assets and resources belonging to each entity; and NOW, THEREFORE, upon the mutual covenants, conditions and promises contained herein, the Stakeholders agree as follows; Article I Interlocal Agreement 1.1 This Agreement is entered into and shall be construed pursuant to Chapter 791 of the Texas Government Code, the Texas Interlocal Cooperation Act. L2 The Stakeholders will cooperate and use their best efforts to ensure that the various provisions of this Agreement are fulfilled, The Stakeholders agree in good faith to undertake resolutions of disp€►tes, if any, in an equitable and timely manner and in accordance with the provisions of this Agreement. 1.3 This Agreement is intended to replace all existing interlocal agreements, amendments, and understandings that currently exist between the aforementioned entities as they relate to ownership, management, future updates, future membership, maintenance, management, operation of the hereby named South East Texas Regional Radio System (SETRRS) 800/700 MHz trunked radio system, herein referred to as "System." Page 2 of I I INTLRLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz Article 2 Dehtutions 2.1 Stakeholder Agency -- A governmental agency who has provided from any means significant infrastructure equipment and/or frequencies installer) on (lie base system thereby increasing the capacity of the system and providing for the agency an ownership interest in the system. 2.2 System User Agency — A governmental agency that due to size or number of subscriber units installed on the system is not required to install infi-astr'ucture equipment or frequencies to the system to accommodate their usage, System User Agencies will have talk groups on the system unique to their agency and commonly used for their clay -to -day operations. 2.3 lnteroperable Agency — A governmental agency that has authorized talk groups from agencies on the system programmed in their subscriber units for the purpose of communicating with those agencies during operations of mutual interest. These talk groups are not to be utilized on a day-to-day basis except as necessary for the benefit of both agencies. 2.4 System Manager - The City of Beaumont's Communications Systems Manager will serve as the "System Manager„ as outlined in Article 6, System Management and Coordination. 2.5 Jefferson County Project Manager — A Jefferson County Accountant assigned to process any Jefferson County invoices as outlined in Article 6, System Management and Coordination. 2.6 Stakeholder Executive Committee — A focused committee group reducing the span of control made up of Stakeholder approved mernbers are to assist Stakeholder Agencies with day-to-day business decisions and recommendations of actions needed for the System as outlined in Article 6, System Management and Coordination. Article 3 Initial System Design & Updates 3,1 The radio communications system consisted of software and hardware for four tower sites and an 800 MHz Smart Zone trunked radio system from Motorola Inc. System resources included two simulcast towers with I repeater channels and two 4-channel I13telli- Repeater (IR) tower sites. The Master Sitc is located at the City's communications shop on Marina drive. The master site was connected via AT&T, TI telephone circuits to [lie three other tower sites and to the dispatch centers for Beaumont police, Beaumont Fire and Jefferson County Sheriff. Pap:3 or l 1 INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz 3.2 Initial Tower Locations were as follows: A. Master/Prime Simulcast Site - City Facility - Communications Shop. B. Second Simulcast Site - County Facility - Mid County. C. I` IR site - County Facility - on Hwy 90, west of Beaumont. D. 2"d IR site - County Facility - on Hwy 73, County Site, south of Beaumont. 3.3 Radio frequencies of each party are used in the System. Under the current design, the City allocated 13 of its 16 frequencies to the System; the County has its 5 frequencies dedicated to the System. Article 4 Current System Design and Updates 4.1 Tile South Bast Texas Regional Radio System is recognized by tile Texas Statewide Interoperability Coordinator's (SWIG) Office at the highest level of 5 and is a fully compliant P25 Astro Version 7.17.2 800/700 MHz Radio System located in Jefferson, Hardin, and Orange Counties. The System services most public safety departments in the region. The City of Beaumont monitors and maintains the main site of the SETRRS and operates out of an elevated and hardened main site building for the System. A Stakeholders Agency Committee including an Executive Committee represents all ten (10) Stakeholder Agencies in three of the four Counties of the South East Texas Regional Planning Commission region, which reports to the Office of Governor about the System's P25 compliance progress and issues related to Interoperability. 4.2 The System is made up of: Jefferson County - four (21 repeater) simulcast tower sites and one (6 repeater) IR tower site; Hardin County - three IR towers - two (5 repeater) IR tower sites and one (6 repeater) IR tower site; Orange County - two IR towers - one (7 repeater) IR tower site located in the City of Orange and one (6 repeater) IR tower site located in the City of Vidor, Texas. There is a total of56 frequencies licensed on the System, 4.3 Current Tower Locations are as follows: JEFFERSON COUNTY l . Master/Prime Simulcast Site - City of Beaumont Facility - Communications Shop. 2. 2" d Simulcast Site - County Facility — Port Neches "leased". 3. 3rd Simulcast site - County Facility - on Hwy 90, west of Beaumont "leased". 4. 4"' Simulcast site - County Facility - on Hwy 73, County Site, south of Beaumont. 5. 1 "r I R site — City of Port Arthur — oil Hwy 73 & Savannah. HARDIN COUNTY 6 1" IR site --- County Facility — Sour Lake— 697 Hwy 105. "leased". 7 2"`1 IR site— County Facility —Silsbee— 125 Farmer Street. 8 3,d IR site— County Facility — Bragg Site— 3789 Segno Road, in Saratoga Pugv 4 uP I I INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz ORANGE COUNTY 9. 1 s"r 1 R site — City of Orange Facility — FM 1078 10. 2" `1 IR site — County facility/TDPS — by Vidor PD. Article 5 Ownership and Radio Liaisons 5.1 All assets maintained under this agreement wilt remain assets of the respective party. 5.2 The System is composed of individual elements that are designed to work together. The Stakeholder Agencies will continue to own equipment that they have individually purchased. 5.3 Each Stakeholder Agency will designate it primary contact to represent their interests and make decisions on issues related to the day-to-day operation of the System, This person must also be authorized to make urgent and emergency operational and repair decisions. An urgent or emergency situation would be one where immediate decision authority is needed to allow the system as a whole to continue supporting normal communications services, 5.4 It is recognized that each Stakeholder Agency will have to obtain authorization from higher levels within their organization for non -emergency system issues that require financial or long-term operational commitments. 5.5 The Stakeholder Agencies will provide the System Manager with current contact information and jointly develop a plan for emergencies that might occur after hours and on holidays. 5.6 The Texas Department of Public Safety shall retain ownership of said equipment (Exhibit A) and provide continued support and maintenance of the equipment for the greater of ten (10) years from May 2015 or the useable life of the equipment, thereby offsetting Texas Department of Public Safety's payinent of normal annual system user fees due by each agency on the SETRRS. The Texas Department of Public Safety has allotted six (6) State 700 pool frequencies to the Vidor Tower site and two (2) State licensed microwave frequencies, one at the Beaumont Tower site and one at the Vidor Tower site (see details Table 1). The Texas Department of Public Safety is allotted 5 (five) Daily Driver Taikgroups with no restrictions in area of operations or sites and will receive 3 (three) Advanced System Keys (ASK's) with I (one) "UNLIMITED" for Austin Programmer. The Texas Department of Public Safety interests on the system. The Texas Department of Public Safety will not pay any fees associated with its participation under this Agreement, specifically those provided for in Article 10, Additional Governmental Agency Requirement for Membership of the System, and Article 11, System Cost Sharing. Article 6 Page 5 of 1 i INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz System Management find Coordination 6.1 Stakeholders Agencies will meet at least once annually and are responsible for nominating representatives to two-year terms to the Stakeholder Executive Committee, 6.3 The Stakeholder Executive Committee will designate Officers of the said committee to create a hierarchy for operational control. 6.4 The Stakeholder Executive Committee will be responsible for holding; "open" quarterly meetings while consulting with the System Manger to keep abreast of system processes, planning, membership, monitoring, and budgeting. 6.5 The Stakeholder Executive Committee will be made up of one representative from each County and the System Manager. Counties serving a population of over 200,000 will have two representatives. 6.6 Current Stakeholder Agency Executive Committee Member Makeup 1. System Manager 2. Jefferson County Noah 3. Jefferson County Mid/South 4 Hardin County S. Orange County 6.7 The City of Beaumont's Communications Shop will be responsible for day-to-day management, operation, and oversight of the System, This will include the management and clerical support required to update the Agreements, Attachments, and process the City of Beaumont invoices required under this Agreement. The Jefferson County Project Manager will process any Jefferson County invoices. 6.8 The System Manager will determine the capacity of the System to add new Users and develop a process for same. 6.9 The System Manager will coordinate and obtain approval from the Stakeholder Executive Committee prior to recommending approval of a new Stakeholder Agency Amendment (Exhibit B) which includes this Interlocal Agreement to Stakeholder Agencies. 6.10 The System Manager will coordinate and recommend approval of a new System User Agency Agreement (Exhibit C) with any new entity wishing to join the SETRRS system. System Manager will be signatory for SETRRS System User Agency agreements. 6.11 Stakeholder Agency Quorums for approval of new Stakeholder Agency Amendments must meet 51% attendance of current Stakeholder Agencies. 6.12 General duties of the System Manager will include monitoring the System and its components for normal operation; participating in the diagnosis of System performance INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz, problems and the development of corrective action recolnnnendatioils; dispatching appropriate repair services in the event of a System malfunction; and managing the database elements that relate to effective operation. 6.13 A detailed inventory of subscriber units will be maintained by the System Manager 6.14 A listing of the expenses incurred for system management and coordination will be maintained and reviewed annually. 6.15 The Communications Shop is staffed from 7:30 ant to 4:00 pm, Monday through Friday, excluding holidays. After hours emergency and on holidays contact will be made through the Beaumont Fire Department at (409) 880-3901 and the appropriate contact will be made. 6.16 The System Manager will coordinate the activities listed in this section and be responsible for the services outlined herein. System participants will be provided with appropriate contact Information. Article 7 System Repairs, Upgrades, and Replacement 7.1 Each party will be responsible for the cost of repairs to its towers and related antennas. Each party will be responsible for the costs associated with its dispatch offices. 7.2 Replacement and service maintenance to Masten- Site equipment and Simulcast Prime equipment is inevitable, When components of infrastructure need to be repaired, serviced, or replaced at the master or prime sites, the cost will be shared equally between the Stakeholders. Accounting reports for these purposes will be maintained annually. 7.3 System upgrades other than routine upgrades may be needed from time to time to enhance or improve the system of communications. Such improvements will be discussed by the Stakeholder Executive Committee, so that improvements can be implemented in a planned, coordinated fashion. Should upgrades benefit the System and be acceptable to all Stakeholders, the costs will be shared equally with all Stakeholder and User Agencies. 7.4 The Stakeholders agree to work together to obtain grant finding for communications enhancements and improvements, Article 8 Termination of Agreement 8.1 This Agreement may be terminated by any Stakeholder Agency with a 30-month written notice. The time allotted is considered necessary for making alternate service arrangements. All provisions of this Agreement will be honored until the effective termination date at the end of 30 months, Page 7 or I I 1NTERLOCAL AGREEMENT SOUTH LAST TEXAS REGIONAL RADIO SYSTEM 8001700 MHz 8.2 Upon termination, System management responsibilities will end. Any party leaving will keep the equipment that is wholly owned by them. 8.3 Should the Stakeholders not come to an amicable conclusion about the disposition of whatever equipment is jointed purchased, the Stakeholders agree to arbitrate those issues. 8.4 Prior to termination of the Agreement, either party may request that conflicts be submitted to arbitration. Stakeholders agree that such an offer will be given due consideration. Article 9 Entirety of Agreement 9.1 This Agreement constitutes the entire agreement between the Stakeholders with respect to its subject matter, and there are no other representations, understanding, agreements between the Stakeholders with respect to such subject matter. This Agreement supersedes all prior agreements, negotiations, representations, written or oral. Article 10 Term of Agreement 10.1 The term of this Agreement is five years, beginning upon its execution by officials. 10.2 if no action is taken to terminate the Agreement, it will automatically renew for an. additional three years. 10.3 if action is taken to terminate this Agreement, the ending date will be set to accommodate the 30-month period required in Article 8. Article I System Cost Sharing 11.1 To ensure the continued quality and maintenance of the combined radio system, Stakeholder and User Agencies will contribute funding for maintenance - the necessary warranty and service agreement, operational costs, repair, and required upgrades to the system. Stakeholder and User Agencies are required to budget for their share of expenses for the continued operation of the system. 11.2 Stakeholder Agencies appropriate share of the costs of the system shall be determined and calculated by the number of subscriber units on the System. Vagc 8 of I 1 INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz 11.3 Current Stakeholder Agency's A. City of Beaumont B. Jefferson County C. City of fort Arthur D, City of Port Neches E. City of Nederland F. City of Groves G. Hardin County H. City of Orange 1. Orange County J. Texas Department of Public Safety 11.4 Stakeholder Agency Responsibility A. Responsible for the purchase and maintenance of the agencies subscriber units. B. Responsible for utilities, maintenance, service agreement charges, communication line charges, and equipment for the individual agencies communications (dispatch) center(s). C. Responsible for payment of an apportioned share of the Motorola service agreement, infrastructure operation costs, repair, and necessary upgrades to the infi'astructure of the radio system. The agency share will be based on the percentage of agency owned subscriber units on the system excluding Interoperable Agency subscribers. t 1.5 System User Agency Responsibility A. Responsible for a system user fee based on the percentage of agency owned subscriber units on the system excluding Iritcroperable Agency subscriber's as described in 11.4 C. above. B. Responsible for other costs encumbered by the agency to utilize the system, i.e. subscriber unit purchase, programming, and maintenance 11.E Interoperable Agency Responsibility Responsible for all costs encumbered by the agency to utilize the system, i.e. subscriber unit purchase, programming, and maintenance. Interoperable Agency use is based on exigent circumstances. An Interlocal Agreement is not required for Interoperable Agency use. Article 12 Amendment History 123 The original agreement was made the 281h day of April 2008, by and between the City of Betilim »id, Texas, a municipal corporation of Jefferson County, here in referred to as Wage 4 of I I INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz "City," and Jefferson County, here in referred to as "County," collectively herein referred to as "the Stakeholders," both entities authorized to enter into interlocal agreements in accordance with Chapter 791 of the Government Code of the State of Texas. 12.2 Amendment I agreement was made the by and between the City of Beaumont, Texas, a municipal corporation of Jefferson County, here in referred to as "City," Jefferson County, and the "Consortium" comprised of the Cities of Port Arthur, Nederland, Groves, and Port Neches, Texas, municipal corporations of Jefferson County, collectively herein referred to as "the Stakeholders," authorized to enter into interlocal agrceEnents in accordance with Chapter 791 of the Government Code of the State of Texas. 12.3 Amendment agreement was made the by and between the City of Beaumont, Texas, a municipal corporation of Jefferson County, here in referred to as "City," Jefferson County, the "Consortium" comprised of the Cities of Port Arthur, Nederland, Groves, and Port Neches, Texas, municipal corporations of Jefferson County, and Hardin County collectively herein referred to as "the Stakeholders," authorized to enter into interlocal agreements in accordance with Chapter 791 of the Government Code of the State of Texas. 12.4 Amendment agreement was made by and between the City of Beaumont, Texas, Jefferson County, Hardin County, the "Consortium" comprised of the Cities of Port Arthur, Nederland, Groves, and Port Neches, Texas, municipal corporations of Jefferson County, and the City of Orange, Texas collectively herein referred to as "the Stakeholders," authorized to enter into interlocal agreements in accordance with Chapter 791 of the Government Code of the State of Texas. 12.5 Amendment 11 agreement was made by and between the City of Beaumont, Texas, Jefferson County, the City of Port Arthur, City of Nederland, City of Groves, City of Port Neches, Texas, municipal corporations of Jefferson County, Hardin County, the City of Orange, a municipal corporation of Orange County, Texas, Orange Comity, and the Terms Deprnrtment of Public Safety, collectively herein referred to as "the Stakeholders," which are authorized to enter into interlocal agrectneiits in accordance with Chapter 791 of the Government Code of the State of Texas. Page Wort I INTERL.00AL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 8001700 MHz TABLE DPS FREQUENCIES State 700 pool frequencies Location: Vidor Police Department, 695 East Railroad, Vidor, TX 77662 769,443 75 769.90625 770.44375 770.90625 773.09375 773.28125 State licensed microwave frequencies R1aU Beaumont TX 11215,0 GHz Location; Beaumont Communications Shop, 610 Marina Drive, Beaumont, TX 77701 RFU Vidor 10715.0 GHz Location; Vidor Police Department, 695 East Railroad, Vidor, TX 77662 rage I i Of I I INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz Signature Page I of I I The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the day of , 2022 CITY OF BEAUMONT, TEXAS Signature Chris Boone, Interim City Manager Name & Title Date INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 8001700 MHz Signature Page 2 of 10 The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the day of , 2021 JEFFERSON COUNTY, TEXAS Signature Jeff Branick, County Judge Name & Title Date I NTLRLOCAL AGREEMENT SOUTH CAST TEXAS REGIONAL RADIO SYSTEM $00/700 MHz Signature Page 3 of 10 Tile terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the day of , 2021 CITY OF FORT ARTHUR, TEXAS Signature Name & Title Date INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz Signature Page 4 of 10 The terns and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the day of , 2021 CITY OF PORT NECHES, TEXAS Signature Name & Title Date INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz Signature Page 5 of 10 The terms and conditions of the foregoing Interlocal Agreement are Hereby approved and adopted this the clay of , 2021 CITY OF NEDERLAND, TEXAS Signature Name & Title Date INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 80OY700 MHz Signature Page 6 of 10 The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the day of , 2021 CITY OF GROVES, TEXAS Signature Naive & Title Date INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz Signature Page 7 of 10 The terms and conditions of the foregoing Intertocal Agreement are hereby approved and adopted this the day of , 2021 HARDIN COUNTY, TEXAS Signature Name & Title Date INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz Signature Page 8 of 10 The terns and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the day of , 2021 CITY OF ORANGE, TEXAS Signature Naive & Title Date INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz Signature Page 9 of 10 The terms anti conditions orthe foregoing hiterlocal Agreement are hereby approved and adopted this the day of , 2021 ORANGE COUNTY, TEXAS Signahire Name & Title Date INTERLOCAL AGREEMENT SOUTH EAST TEXAS REGIONAL RADIO SYSTEM 800/700 MHz Signature Page 10 of 10 The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the day of , 2021 TEXAS DEPARTMENT OF PUBLIC SAFETY Signature Name & Title Date EXHIBIT A- DPS EQUIPMENT LIST Model Description SQMOiSUM0239 MASTER SITE CONFIG UPGRADE CA00996AK NMIZC LICENSE KEY 7.13 CA00997AK UCS LICENSE KEY 7.13 CA02106AA ASTRO 25 FDMA VOICE SITE SQM01SUM7054 GTR 8000 EXPANDABLE SITE SUBSYSTEM CA01706AA ADD: ADD: GGM 8000 GATEWAY CA00865AA ADD: 700/800 MHZ X303AE ADD: QTY (3) GTR8000 BASE RADIOS X591AE ENH: ASTRO 25SITE REPEATER SW CA00861AA ADD: CABINET RMC WI CAPABILITY OF 6 CA00879AA ADD: PRIMARY 6 PORT CAVITY COMBINER CA00882AA ADD: 700 MHZ TX FILTER W/PMU CA00303AA ADD: QTY (1) SITE CONTROLLER CA02219AA ASTRO 25 SITE REPEATER SITE CONTROL CA01402AA ADD: 7.0 FT OPEN RACK SQM01 SUM7054 GTR 8000 EXPANDABLE SITE SUBSYSTEM CA01706AA ADD: ADD: GGM 8000 GATEWAY CA00855AA ADD: 7001800 MHZ X303AE ADD: QTY (3) GTR 8000 BASE RADIOS X591AE ENH: ASTRO 25 SITE REPEATER SW CA00861AA ADD: CABINET RMC WI CAPABILITY OF 6 CA00879AA ADD: PRIMARY 6 PORT CAVITY COMBINER CA00882AA ADD: 700 MHZ TX FILTER WIPMU CA00303AA ADD: QTY (1) SITE CONTROLLER CA02219AA ASTRO 25 SITE REPEATER SITE CONTROL CA01402AA ADD: 7.0 FT OPEN RACK DSS0412HF2LDFE5765 COLLINEAR OMNI, 11.50BD HD NULL FIL DSCLAMPOO60 SINGLE CLAMP FOR SC281/SC38IANTENNA L1705 LDF4-50A CABLE: 1/2" LDF HELIAX PO DDN1090 L4TDM-PSA 7-16 DIN MALE PS FOR 1/2 DDN1091 L4TDF-PSA 7-16 DIN FEMALE PS FOR 11 TDN9289 221213 CABLE WRAP WEATHERPROOFING L3599 AVA6-50 CABLE: 1-1/4" AVA6-50, COAX DDN9872 AL6DM-PSA 7-16 DIN MALE PS FOR 1-1/ DSSG11406B2A SGi 14-06132A 1-114" SURE GROUND GROU DSL6SGRIP L6SGRIP 1-1/4" SUPPORT HOIST GRIP TDN7619 42396A-11-1/4" CABLE HANGER KITST DSTSXDFFBF RF SPD, 698-270OMHZ DC BLOCK HIGH P DSGSAKITD GROUND STRAP KIT- DIN L1705 LDF4-SOA CABLE: 1/2" LDF HELIAX PO DDN1088 L4TNM-PSATYPEN MALE PS FOR 112 IN DDN1090 L4TDM-PSA 7-16 DIN MALE PS FOR 112 DDN9743 TK-TW TORQUE WRENCH KIT FOR 7-16 DI DSSC412HF2LDFE5765 COLLINEAR OMNI, 11.SDBD HD NULL FIL DSCLAMP0060 SINGLE CLAMP FOR SC2811SC381ANTENNA L1705 LDF4-SOA CABLE; 112" LDF HELIAX PO DDN1088 L4TNM-PSA TYPE N MALE PS FOR 112 IN DDN1090 L4TDM-PSA 7-16 DIN MALE PS FOR 1/2 TDN9289 221213 CABLE WRAP WEATHERPROOFING L1705 LDF4-50A CABLE: 112" LDF HELIAX PO DDN1088 L4TNM-PSA TYPE N MALE PS FOR 112 IN DS428D83101T TIA, MINI AUTO QUAD, 796-824 MHZ, S L3617 AVAS-SOFX 7181N HELIAX VIRTUAL AIR DDN1079 78EZNF-M N FEMALE MOTCONNECTOR {MO DSSG7806132A SG78-06B2A GROUNDING KIT FOR 718 IN DSLSSGRIP LSSGRIP 70SUPPORT HOIST GRIP MDN6817 42396A-5718" CABLE HANGER STAINLE L1705 LDF4-SOA CABLE: 112"LDF HELIAX PO TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Chris Catalina, Personnel Director_ MEETING DATE: June 7, 2022 REQUESTED ACTION: Council consider a resolution authorizing the Interim City Manager to apply for and receive grant funds from the Foundation for Southeast Texas, HEB, and Entergy, for the Amival Summer Reading Program. f C :rO MW X 1 ► 1 The Sununer Reading Program is an amival event that the Beaumont Public Libraries have presented to the community for many years. The goal of this service is to provide opportunities for children and teens to continue to learn and to read throughout the summer. Each year, Library Administration requests funding from local stake holders to enhance the scope of this program. This year we are requesting Rinds from Entergy, HEB, and The Foundation for Southeast Texas for a total of $7,500.00 FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to apply for and receive grant funding through HEB Community Investment for the Beaumont Public Library Summer Reading Club; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to apply for and receive grant funding through The Foundation for Southeast Texas for the Beaumont Public Library Summer Reading Club; and, BE IT ALSO RESOLVED THAT the Interim City Manager be and he is hereby authorized to apply for and receive grant funding through Entergy Corporate and Foundation Giving for the Beaumont Public Library Summer Reading Club. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2022. PASSED BY THE CITY COUNCIL of the City of Beaumont this the ith day of June, - Mayor Robin Mouton - 1 June 7, 2022 Consider a resolution accepting maintenance of the street, sewer, and water improvements in Champions Subdivision Phase II A TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Teclnlology Services MEETING DATE: June 7, 2022 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, sewer, and water improvements in Champions Subdivision Phase 11. BACKGROUND On April 20, 2022, a final inspection from all entities was completed for the following: • Dania Drive approximately 215 feet extension north of existing Dania Drive to include a Cul-de-sac. • Omar Street approximately 369 feet heading west from existing Dania Drive, thence approximately 286 feet north to include a Cul-de-sac. Recommended for approval are the street, sewer, and water improvements for Champions Subdivision Phase II right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. LOCATION MAP NTS RESOLUTION NO. WHEREAS, construction of the street, sewer, and water improvements constructed in Champions Subdivision Phase II have been completed as follows; and, Streets • Dania Drive approximately 215 feet extension north of existing Dania Drive to include a cul-de-sac, • Omar Street approximately 369 feet heading west from existing Dania Drive, thence approximately 286 feet north to include a cul-de-sac. Street Maintenance, Sewer, and Water Improvements • Champions Subdivision Phase II right-of-way only; WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the Director of the Public Works Department has determined that said improvements meet City standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the above -referenced street, water and sanitary sewer improvements in Champions Subdivision Phase 11 rights -of -way, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights - of -way and easements required on the preliminary and final plats and installation of the streetlights. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2022. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June, - Mayor Robin Mouton - June 7, 2022 Consider approving the renewai of an annual maintenance agreement with SirsiDynix of Lehi, UT fog• use in the Libraries TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 7, 2022 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with SirsiDynix of Lehi, UT for use in the Libraries. Iy.,W_ _0 �11 Wk I© SirsiDynix is used in the Library System for maintaining records for circulation, cataloging, patron portal access, and other internal processing. This purchase is exempt from competitive bidding since it is available from only one source having exclusive rights to modify and maintain the software. The software agreement provides twenty-four hours a day, seven days a week unlimited telephone support and offsite hosting. This agreement, in the amount of $80,240.16, is for an annual period beginning September 2022. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Interim City Manager be and he is hereby authorized to execute the renewal of an annual Maintenance Agreement with SirsiDynix, of Lehi, Utah, the sole source having exclusive rights to modify and maintain the software for all of the City's library branches, in the amount of $80,240.16, for software support. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2022. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June, - Mayor Robin Mouton - June 7, 2022 Consider approving the annual renewal of a Managed Detection and Response service from Arctic Wolf Networks, lnc, of Eden Prairie, MN TEXAS TO: City Council FROM: Chris Boone, interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services MEETING DATE: June 7, 2022 REQUESTED ACTION: Council consider a resolution approving the annual renewal of Managed Detection and Response (MDR) service from Arctic Wolf Networks, Inc of Eden Prairie, MN, BACKGROUND Pricing was originally obtained tlu-ough the Sourcewell purchasing cooperative. Sourcewell provides cities and political subdivisions with the means to purchase at contracted prices under the procurement statutes of the State of Texas. This request is for the annual renewal of the services. The Arctic Wolf Managed Detection and Response ("MDR") solution is delivered by the Arctic Wolf Concierge Security® Team (CST) and is based on the industry's only cloud -native security operations platform, It provides 24x7 monitoring of networks, endpoints, and cloud environments along with a managed approach to detection, response, and recovery from modern cyberthreats through managed triage and concierge services that guide cybersecurity response, The managed detection and response service was budgeted. The cost for the service for fiscal year 2022 is $100,667.04, FUNDING SOURCE General Fund -- Information Technology. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of a Managed Detection and Response (MDR) service from Arctic Wolf Networks, Inc., of Eden Prairie, Minnesota, in the amount of $100,667.04 through the Sourcewell Cooperative Purchasing Program. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, 2022. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June, - Mayor Robin Mouton - 11 June 7, 2022 Consider approving the renewal of an annual support agreement with Creative Switching Designs, Inc. for the City's phone system TEXAS TO: City Council FROM: Chris Boone, Interim City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works and Technology Services MEETING DATE: June 7, 2022 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual support agreement with Creative Switching Designs, Inc. for the City's phone system. BACKGROUND The Mitel phone system is in use in a large number of City facilities. The system provides telephone communications, voice mail and four -digit dialing. The purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain the Mitel infrastructure. The annual cost is $103,852.95. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. June 1, 2022 Terry LaFleur City of Beaumont 801 Main St. Suite 330 Beaumont, Texas 77704-3827 Dear Mr. LaFleur: The current ShoreCare Agreement on the ShoreTel Phone System expires on 08/29/2022, If you are interested in extending this agreement, all you need to do is fill out the bottom with the Type of Service you want and sign. If you use a Purchase Order please attach this form to the Purchase Order. A 30% re -instatement fee will apply if payment is not received prior to expiration of existing agreement. Type of Service Bronze Silver Gold Description of Advanced Everything listed on Everything listed coverage: Replacement/Exchange Bronze plus Remote for Bronze and of all Hardware. Phone MAC's (Moves, adds Silver plus labor support/on-site trouble and changes) apply on software shooting and software only to the system upgrades, upgrades, (Labor on configuration at time software upgrade of service contract. Phones are not install not covered) (Does not include re- covered. Phones are not installation of current covered. system,) Phones are not covered. Price for a year: 08/30/22 to $59,420.95 $90,170.41 $103.852.95 08/29/23 Type of Service: PO Referenced: Signature: If you should choose not to participate in an annual agreement, service could be rendered on an as needed basis, Labor costs are $185.00 per holm. Parts prices are per manufacturers published price. Each service call would also be charged travel time but no mileage charge. Phone coverage quotes upon request. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the renewal of an annual support agreement for the Mitel phone systems from Creative Switching Designs, Inc., of Houston, Texas, as the sole source having exclusive rights to maintain the Mitel infrastructure, in the amount of $103,852.95 for use by all City departments for the purpose of telephone communications, voice mail and four -digit dialing; and, BE IT FURTHER RESOLVED THAT the Interim City Manager be and he is hereby authorized to execute an annual support agreement with Creative Switching Designs, Inc., of Houston, Texas, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 2022. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of June, - Mayor Robin Mouton -